La garanzia nel diritto dei contratti. Logiche economiche, scelte legislative e autonomia privata

Translated title of the contribution: [Autom. eng. transl.] The guarantee in contract law. Economic logics, legislative choices and private autonomy

Research output: Book/ReportBook

Abstract

[Autom. eng. transl.] The volume aims to reconstruct the figure and the discipline of the guarantee as a legal device for the "transfer" of the risk, with the aim of offering an organic reading of the many legal cases, and together with identifying operational solutions appropriate to the needs of the practice, which often resorts to atypical guarantee agreements to regulate the risks that may affect the implementation of the contractual transaction. To this end, first of all a definition of guarantee is reconstructed starting from the typical cases that can be traced back to this conceptual area with greater certainty (guarantees for defects in the sale, lease and contract, guarantee of conformity in the sale of consumer goods , insurance against damages), and the main structural characteristics of the guarantee are outlined. Subsequently, the functional profiles of the guarantee are developed - also in the light of the results of the economic analysis of the problems posed by information asymmetries in market exchanges - and the logics underlying the provision of guarantees of legal origin are investigated. These results are then put to use to identify the spaces entrusted to the negotiating source in the establishment of guarantees, and to verify the aptitude of the integration techniques to introduce guarantees into the contract, as well as obligations. Finally, the various possible remedial effects of the guarantee are outlined (in particular restorative, compensatory and satisfactory effects).
Translated title of the contribution[Autom. eng. transl.] The guarantee in contract law. Economic logics, legislative choices and private autonomy
Original languageItalian
PublisherGiuffrè Francis Lefebvre
Number of pages437
ISBN (Print)9788828849735
Publication statusPublished - 2022

Keywords

  • Asimmetrie informative
  • Diritto dei contratti
  • Garanzia
  • Garanzia per vizi
  • Integrazione

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